H. P. Hood & Sons, Inc

Text (OCR of the scan; may contain errors)

H. P. HOOD & SONS, INC.

Docket 7709. Order, Alay 23, 1960 Interlocutory order upholding—on the basis of the Commission's traditional policy against injecting itself into the trial of adjudicatory proceedings— the hearing examiner’s denial of respondent’s pre-trial motion for order directing counsel to furnish opposing counsel names and affiliations of witnesses.

The respondent having filed an interlocutory appeal from the hearing examiner's order denying its pretrial motion for an order directing counsel to furnish opposing counsel, not less than two weeks prior to each hearing, the names and company affiliations of witnesses whom they expect. to call at such hearings; and The Commission having considered the appeal’s arguments that sound administrative policy requires that. motions for exchange of witnesses’ names be granted save in extraordinary circumstances and that its hearing examiners should be so instructed by the Commission, but the Commission having determined that just disposition of those and other procedural requests requires that broad discretion be exercised by such officers and that a contrary policy would violate the Commission’s traditional] policy against injecting itself into the trial of adjudicatory proceedings; and

INTERLOCUTORY ORDERS, ETC. 1689

The Commission having additionally determined that no showing has been made in the appeal that the challenged ruling constitutes an abuse of discretion by the hearing examiner or that said ruling involves substantial rights or will materially affect the final decision of the case:

It ts ordered, That the interlocutory appeal of the respondent be, and it hereby is, denied.

Commissioner Kern not participating.